Bork v. The Yale Club of New York City Doc.

6
Case 1:07-cv-04826-NRB Document 6 Filed 07/10/2007 Page 1 of 9

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Case No.: 07 CIV 4826

ROBERT H. BORK,
JUDGE BUCHWALD
Plaintiff,
COMBINED
-against- DEMANDS

THE YALE CLUB OF NEW YORK CITY,

Defendant.

SIRS:

PLEASE TAKE NOTICE, that the undersigned hereby makes the following demands
upon you to be produced at the office of Bruce A. Lawrence, Esq., 15 Metrotech Center, 19th
Floor, Brooklyn, New York11201-3818 on the 10th day of August, 2007 at 10:00 A.M. in the
forenoon of that day:

(X) Demand for Discovery and Inspection of Medical

Information and Authorizations;

(X) Demand for Discovery and Inspection of Names and

Addresses of Witnesses;

(X) Demand for Discovery and Inspection of Photographs

(X) Demand for Discovery and Inspection of Income Tax

Returns

(X) Demand for Discovery and Inspection of Accident

Reports;

( ) Demand for Discovery and Inspection of Contracts,

Leases and Other Documents;

( ) Demand for Discovery and Inspection of Pleadings;

( ) Demand for Discovery and Inspection of Depositions;

Dockets.Justia.com
Case 1:07-cv-04826-NRB Document 6 Filed 07/10/2007 Page 2 of 9

(X) Demand Pursuant to FCP

( ) Demand for Authorization to Discover and Inspect

Plaintiff(s) Worker’s Compensation File;

( ) Demand for Authorization to Discover and Inspect

Plaintiff(s) Employment Records;

( ) Demand for Authorization to Discover and Inspect

Plaintiff(s) No-Fault File;

(X) Demand for Discovery and Inspection of Aided Reports;

( ) Demand for Discovery and Inspection of Employer.

(X) Demand for Discovery and Inspection of Statement

of a Party Represented by the Undersigned

( ) Documentation of Damage;

( ) Demand for Discovery and Inspection of

Attorney’s Names;

( ) Demand for Discovery and Inspection of Insurance Coverage;

(X) Demand for Experts;

( ) Demand for Index Number;

(X) Notice of Intent for Physical

PLEASE TAKE FURTHER NOTICE that, in lieu of producing the items demanded
hereinabove, you may submit to the undersigned true and correct copies of the said items at any
time prior to the aforesaid date.

Dated: Brooklyn, New York

July 10, 2007
Yours, etc.

BRUCE A. LAWRENCE, ESQ.

Case 1:07-cv-04826-NRB Document 6 Filed 07/10/2007 Page 3 of 9

Attorney for Defendant

THE YALE CLUB OF NEW
YORK CITY

By_____________________________
ERIC A. SCHNITTMAN (6692)
15 MetroTech Center, 19th Floor
Brooklyn, NY 11201-3818
(718) 625-8940
Our File #: 07-0278
Claim No.: 0AA233886

TO: GIBSON, DUNNE & CRUTCHER, LLP

Attorneys for Plaintiff
ROBERT H. BORK
200 Park Avenue
New York, NY 10166
(212) 351-4000
Case 1:07-cv-04826-NRB Document 6 Filed 07/10/2007 Page 4 of 9

DEMAND FOR DISCOVERY AND INSPECTION

FOR MEDICAL INFORMATION AND AUTHORIZATIONS

PLEASE TAKE NOTICE, that pursuant FRCP, the plaintiff herein is required
to produce and allow discovery to be made by the defendant herein, of the following:

a) Copies of all the medical reports of those physicians who have previously
treated or examined the party seeking recovery, and who will testify in their
behalf. These shall include but not be limited to a detailed recital of the injuries
and conditions as to which testimony will be offered at the time of trial, referring
to and identifying those x-rays and technicians’ reports which shall be offered at
the trial of this action.

b) Duly executed and acknowledged written HIPAA compliant authorizations

permitting all parties to obtain and make copies of all hospital records, and such
other records including x-rays and technicians’ reports as may be referred to and
identified in the statement of the examined party’s physicians.

c) Any and all other medical data not hereinabove specifically referred to upon
which the plaintiff will rely or offer for consideration in the proceeding.

d) The name and address of each and every party who has been consulted by the
plaintiff concerning injuries sustained as a result of the occurrence referred to in
the complaint or who has rendered any treatment of any kind or nature to the
plaintiff(s).

e) Any and all bills, invoices or receipts for treatment given to the plaintiff(s) for
injuries or other physical conditions resulting from the occurrence referred to in
the complaint.

DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES

PLEASE TAKE NOTICE, that the undersigned hereby demands, that you set forth in writing
and under oath, the name and address of each person claimed by any party you represent, to be a
witness to any of the following:

(a) The occurrence alleged in the complaint;

(b) Firsthand knowledge of the facts and circumstances regarding

this occurrence;

(c)Any acts, omissions or conditions which allegedly caused the

occurrence alleged in the complaint;
Case 1:07-cv-04826-NRB Document 6 Filed 07/10/2007 Page 5 of 9

(d)Any actual notice allegedly given to the defendant or any employee(s)

or agent(s) of the defendant of any condition which allegedly caused the
occurrence alleged in the complaint;

(e)The nature and duration of any alleged condition which allegedly

caused the occurrence alleged in the complaint;

(f)Any admissions of the defendant or her agent(s) or employee(s). If no

such witnesses are known to plaintiff, so state in the sworn reply to this
Demand. The undersigned will object upon trial to the testimony of any
witnesses not so identified.

DEMAND FOR DISCOVERY AND INSPECTION OF PHOTOGRAPHS

PLEASE TAKE NOTICE, that the undersigned demands on behalf of each and
every party represented by it in this action, that pursuant to FRCP you produce at the time and
place herein specified and permit the undersigned to discover, inspect and copy any and all
photographs taken of the alleged scene or place of the occurrence complained of which are now
in your possession, custody and control, or in the possession, custody and control of any party
you represent in this action, if such photographs in any manner bear upon the issues in this
action.
DEMAND FOR DISCOVERY AND INSPECTION OF INCOME TAX RETURNS

PLEASE TAKE NOTICE, that the plaintiff is hereby required to produce for
discovery, inspection and copying pursuant to FRCP, Federal and State income tax returns for
the year of loss and two years prior and one year subsequent.

DEMAND FOR DISCOVERY AND INSPECTION OF ACCIDENT REPORTS

PLEASE TAKE NOTICE, that the undersigned demands pursuant to FRCP that
you produce and allow the defendant to inspect any written report concerning the accident
which is the subject matter of this lawsuit prepared in the regular course of business operations
or practices of any person, firm, corporation, association or other public or private entity.
Case 1:07-cv-04826-NRB Document 6 Filed 07/10/2007 Page 6 of 9

DEMAND PURSUANT TO FRCP

PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for
the plaintiff(s) that they serve upon the undersigned a statement as to whether any part of the
cost of medical care, custodial care, rehabilitation services, loss of earnings, or other economic
loss sought to be recovered herein was replaced or indemnified, in whole or in part, from any
collateral source such as insurance, social security (except those benefits provided under Title
18 of the Social Security Act), Workers’ Compensation, or employee benefit programs and, if
so, the full name and address of each organization or program providing such replacement or
indemnification, together with an itemized statement of the amount in which each such claimed
item of economic loss was replaced or indemnified by each such organization or program.

Demand is additionally made for duly executed and properly addressed original
authorizations permitting the undersigned to inspect and copy any records reflecting any
collateral source or payment identified in response to the foregoing demand.

DEMAND FOR DISCOVERY AND INSPECTION OF AIDED REPORTS

PLEASE TAKE NOTICE, that the undersigned demands pursuant to FRCP that
you produce and allow the defendants to inspect any Aided Report prepared concerning the
accident which is the subject matter of this lawsuit.

DEMAND FOR THE DISCOVERY AND INSPECTION OF ANY

STATEMENT OF A PARTY REPRESENTED BY THE UNDERSIGNED

PLEASE TAKE NOTICE, that the undersigned demands on behalf of each

party represented by him in this action, that pursuant to FRCP, you produce at the time and
place herein specified, and permit the undersigned to discover, inspect and copy each and every
statement made by or taken from each such party and/or her agents, servants or employees now
in your possession, custody or control or in the possession, custody or control of any party you
represent in this action, if such statements in any manner bears on the issue in this action.
Case 1:07-cv-04826-NRB Document 6 Filed 07/10/2007 Page 7 of 9

DEMAND FOR DISCOVERY AND INSPECTION OF ATTORNEYS’ NAMES

PLEASE TAKE NOTICE that the undersigned demands that you produce the
names, addresses and telephone numbers of each attorney other than the undersigned who have
appeared in the within action.

DEMAND FOR EXPERTS

PLEASE TAKE NOTICE, that the defendants demand pursuant to FRCP, that
you identify each person who it is anticipated you intend to call as an expert witness at trial and
disclose in reasonable detail the subject matter on which each expert is expected to testify, the
substance of facts and opinions on which each expert is expected to testify, the qualifications of
each expert witness and summary of the grounds for each expert’s opinion.

PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and

that said demand continues until the time of trial.
Case 1:07-cv-04826-NRB Document 6 Filed 07/10/2007 Page 8 of 9

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Case No.: 07 CIV 4826

ROBERT H. BORK,
JUDGE BUCHWALD
Plaintiff,
NOTICE OF INTENT TO
-against- CONDUCT A
PHYSICAL/MENTAL
THE YALE CLUB OF NEW YORK CITY, EXAMINATION

Defendant.

S I R S:

PLEASE TAKE NOTICE that pursuant to FRCP, the undersigned party to the within
action intend to conduct physical and/or psychological examinations of the allegedly injured
plaintiff for each and every physical and mental condition at issue herein; said examinations
will be conducted by physicians chosen by the undersigned party at said physicians’ offices on
dates mutually agreeable to the parties hereto, prior to the above-captioned action being placed
on the trial calendar of the Court.
PLEASE TAKE FURTHER NOTICE, that the undersigned party hereby objects to
this action being placed on the trial calendar of the Court prior to the completion of all
applicable physical and psychological examinations of the allegedly injured plaintiff, absent an
explicit waiver of the right to the same.
Dated: Brooklyn, New York
July 10, 2007
Yours, etc.

BRUCE A. LAWRENCE, ESQ.

Attorney for Defendant
THE YALE CLUB OF NEW
YORK CITY
15 MetroTech Center, 19th Floor
Brooklyn, NY 11201-3818
(718) 625-8940
Our File #: 07-0278
Claim No.: 0AA233886
Case 1:07-cv-04826-NRB Document 6 Filed 07/10/2007 Page 9 of 9

TO: GIBSON, DUNNE & CRUTCHER, LLP

Attorneys for Plaintiff
ROBERT H. BORK
200 Park Avenue
New York, NY 10166
(212) 351-4000